TREASONABLE OFFENCES ORDINANCE

TREASONABLE OFFENCES ORDINANCE

CHAPTER 219.

TREASONABLE OFFENCES.

To assimilate the law of this Colony respecting treasonable
offences to the law of the United Kingdom.

[21st November, 1868.]

1. This Ordinance may be cited as the Treasonable
Offences Ordinance.

2. The provisions of the Treason Act, 1795, made
perpetual by the Treason Act, 1817, and all the provisions
of the last-mentioned Act in relation thereto, save such of
the same respectively as relate to the compassing, imagin-
ing, inventing, devising, or intending death or destruction,
or any bodily harm tending to death or destruction, maim
or wounding, imprisonment or restraint of the person of
the Heirs and Successors of His Majesty King George
the Third, and the expressing, uttering or declaring of such
compassings, imaginations, inventions, devices, or inten-
tions, or any of them, shall cease to be in force in this
Colony.

3. If any person whosoever, compasses, imagines,
invents, devises, or intends to deprive or,depose our Most
Gracious Lord the King from the style, honour, or royal
name of the Crown of the United Kingdom or of any other
of His Majesty's dominions or countries, or to levy war
against His Majesty within any part of the United King-
dom, in order by force or constraint to compel him to
change his measures or counsels, or in order to put any
force or constraint upon, or to intimidate or overawe, both
Houses or either House of Parliament, or in order to move
or stir any foreigner or stranger with force to invade the
United Kingdom or any other of His Majesty's dominions
or countries under the obeisance of His Majesty and
expresses, utters or declares such compassings, imagina-
tions, inventions, devices, or intentions, or any of them,
by publishing any printing or writing, or by open and
advised speaking, or by any overt act or deed, he shall
be guilty of felony, and shall be liable to imprisonment
for life.





4. Provided always that no person shall be prosecuted
for any felony by virtue of this Ordinance in respect of
such Conipassings, imaginations, inventions, devices, or
intentions as aforesaid, in so far as the same are expressed,
uttered, or declared by open and advised speaking only,
unless information of such compassings, imaginations,
inventions, devices, and intentions and of the words by
which the same were expressed, uttered, or declared, is
given upon oath to a justice of the peace within six days
after such words have been spoken, and unless a. warrant
for the apprehension of the person by whom such words
have been spoken is issued within ten, days after such
information has been given as aforesaid, and that no person
shall be convicted of any such compassings, imaginations,
inventions, devices, or intentions as aforesaid, in so far
as the same are expressed, uttered, or declared by open
or advised speaking as aforesaid, except on his own
confession in open court or unless the words so spoken are
proved by two credible witnesses.

5. In an indictment for any felony under this
Ordinance, it shall be lawful to charge against the offender
any number of the matters, acts, or deeds by which such
compassings, imaginations, inventions devices, or inten-
tions as aforesaid, or any of them, have been expressed,
uttered, or declared.

6. Provided always that nothing herein contained
shall lessen the force of or in any manner affect anything
enacted by the Treason Act, 1351.

7. If the facts or matters alleged in an indictment for
any felony under this Ordinance amount in law to treason,
such indictment shall not, by reason thereof, be deemed
void, erroneous, or defective ; and if the facts or matters
proved at the trial of any person charged with any felony
under this Ordinance amount in law to treason, such person
shall not, by reason thereof, be entitled to be acquitted of
such felony; but no person tried for such felony shall be
afterwards prosecuted for treason upon the same facts.





8. (1) In the case of every felony punishable under
this Ordinance, every principal in the second degree and
every accessory before the fact shall be punishable in the
same manner as the principal in the first degree is by this
Ordinance punishable.

(2) Every accessory after the fact to any such felony
shall be liable to imprisonment for two years.
Originally 15 of 1868. Fraser 3 of 1868. Short title. Repeal of 36 Geo. 3, c. 7 and 57 Geo. 3, c. 6, except as to offences against person of the Sovereign. 11 & 12 Vict. C. 12, s. 1. Compassing to deprive the King of the honour or name of Crown of United Kingdom. 11 & 12 Vict. c. 12, s. 3. Time within which prosecution to be commenced, warrant issued, etc. 11 & 12 Vict. C. 12, s. 4. Charging of more than one overt act in indictment. 11 & 12 Vict. C. 12, s. 5. Saving as to 25 Edw. 3, St. 5, c. 2. 11 & 12 Vict. C. 12, s. 6. Case of offence proved being other than offence charged, etc. 11 & 12 Vict. c. 12, s. 7. Punishment of accessories. 11 & 12 Vict. C. 12, s. 8.

Originally 15 of 1868. Fraser 3 of 1868. Short title. Repeal of 36 Geo. 3, c. 7 and 57 Geo. 3, c. 6, except as to offences against person of the Sovereign. 11 & 12 Vict. C. 12, s. 1. Compassing to deprive the King of the honour or name of Crown of United Kingdom. 11 & 12 Vict. c. 12, s. 3. Time within which prosecution to be commenced, warrant issued, etc. 11 & 12 Vict. C. 12, s. 4. Charging of more than one overt act in indictment. 11 & 12 Vict. C. 12, s. 5. Saving as to 25 Edw. 3, St. 5, c. 2. 11 & 12 Vict. C. 12, s. 6. Case of offence proved being other than offence charged, etc. 11 & 12 Vict. c. 12, s. 7. Punishment of accessories. 11 & 12 Vict. C. 12, s. 8.

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